MAHARAJA AGARSAIN MEDICAL INSTITUTE AND RESEARCH, AGROHA Vs. PRESIDING OFFICER LABOUR COURT, HISAR AND ANOTHER

JUDGEMENT

(1.) The challenge in this petition filed under Articles 226/227 of the Constitution is to the award dated 21.11.2005 (Annexure P-2) passed by respondent No. 1 by virtue of which it ordered reinstatement of respondent No. 1 with continuity of service and 50% back wages.

(2.) According to the petitioner-management, respondent No. 2 was appointed as Driver on ad hoc basis for a period of three months on 23.2.1996. Thereafter, his services were extended from time to time vide orders Annexures P-2 to P- 16. Lastly his services were extended from 31.12.1998 to 31.12.1999. On 15.4.1999 respondent No. 2 took the leave. But he thereafter never joined his duties and abandoned the job. It is further averred by the petitioner- management that, according to the decision of the State Government, respondent No. 2 was called repeatedly to join the duties. But he did not respond, rather raised an industrial dispute before the Government. The matter was adjudicated by the Labour Court. Vide the impugned award dated 21.11.2005 it answered the claim of respondent No. 2 in the manner stated above. Hence this writ petition.

(3.) The main grouse of the petitioner-management is that respondent No. 2- workman had himself abandoned the job and it is not the case of retrenchment or termination.